HUMAN RIGHTS COUNCIL CONCLUDES DIALOGUES ON TERRORISM, CULTURAL RIGHTS, PERSONS WITH DISABILITIES AND PERSONS WITH ALBINISM

The Human Rights Council in its midday meeting concluded its clustered interactive dialogue with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and with the Special Rapporteur in the field of cultural rights. The Council also concluded the clustered interactive dialogue with the Special Rapporteur on the rights of persons with disabilities and with the Independent Expert on the enjoyment of human rights by persons with albinism.

The Council heard the presentation of reports by the Special Rapporteurs on terrorism and on cultural rights and started its clustered interactive discussion with them on Friday, 3 March. A summary of the proceedings is available here.

In the interactive dialogue on the promotion and protection of human rights while counter-terrorism, delegates stressed that a comprehensive approach to fighting terrorism was needed, including addressing its root causes. They called for cooperation and collective action based on international human rights law, rule of law and international best practices; otherwise, there was a risk of losing the fight by default. Several speakers expressed their full support for the idea of reforming the United Nations counter-terrorism infrastructure as suggested by Special Rapporteur Emmerson.

In the discussion on cultural rights, several speakers shared deep concern about the normalization of fundamentalist and extremist ideologies and rhetoric, noting that in too many instances, civil society groups that opposed those ideologies were branded as threats to state security and as “terrorists”. They were also concerned about the use of cultural rights to justify discrimination against women, and the demand to restrict women’s rights, in particular their sexual and reproductive rights. Delegates urged all States to combat illicit trafficking of cultural heritage which was a part of the fight against terrorism, including in the Middle East which was the cradle of humanity.

Ahmed Shaheed, Special Rapporteur on freedom of religion or belief, speaking on behalf of Karima Bennoune, Special Rapporteur in the field of cultural rights, said Ms. Bennoune shared the view expressed by many delegations regarding the problem of fundamentalism and the growing understanding of the need for a global response. She welcomed the recommendation made to organise a meeting on the impact of extremism and fundamentalism on cultural rights.

Speaking were Iran, Malaysia, Pakistan, South Africa, Georgia, Maldives, Afghanistan, Botswana, Saudi Arabia, Estonia, Turkey, Armenia, Iraq, Cyprus, Sudan, Ukraine, Tunisia, Bolivia, Albania, Kenya, United Nations Educational Scientific and Cultural Organisation, Azerbaijan, Mali, Norway, Australia, Serbia, Nigeria, Syria and Morocco.

Also taking the floor were the following non-governmental organizations: American Civil Liberties Union, Charitable Institute for Protecting Social Victims, Helsinki Foundation for Human Rights, China Association for Preservation and Development of Tibetan Culture, Iraqi Development Organization, Freemuse - The World Forum on Music and Censorship (joint statement), Allied Rainbow Communities International, Association for Women’s Rights in Development (joint statement), European Union of Public Relations, International Service for Human Rights, Action Canada for Population and Development, African Regional Agricultural Credit Association, Prahar, and Espace Afrique International.

The Council also concluded its interactive dialogue with the Special Rapporteur on the rights of persons with disabilities, and the Independent Expert on the enjoyment of human rights by persons with albinism.

The Council heard the presentation of reports by the mandate holders and started its clustered interactive discussion on Friday, 3 March. The summary of the proceedings is available here.

In the interactive discussion on the rights of persons with disabilities, speakers reminded that States had an obligation to ensure access to a wide range of services to persons with disabilities, especially to ensure that children with disabilities achieved their full potential. Even though developing countries faced great barriers in achieving those goals, their situation should not serve as an impediment. Ensuring that persons with disabilities had access to their rights was not only a human right, but also an essential condition to ensure that no one was left behind in the implementation of the 2030 Agenda for Sustainable Development.

In the discussion on the rights of persons with albinism, speakers agreed that it was necessary to regulate the practice of traditional medicines and to establish adequate standards for traditional medicine, especially in countries with large indigenous populations that used traditional medicine. The poverty faced by communities and the belief that the body parts of persons with albinism could be sold for large sums of money to practitioners of traditional medicines contributed to the targeting of that population. Education and greater awareness raising were the best ways to fight against the stigma against persons with albinism.

Speaking were Albania, Swaziland, Paraguay, Azerbaijan, Poland, Germany, Nigeria, Haiti, Bangladesh, Japan, Lithuania, Burundi, Pakistan and Somalia.

Also taking the floor were the following civil society organizations: Amnesty International, Liberation, International Bar Association, Espace Afrique International, United Schools International, International Association for Democracy in Africa, Rencontre Africaine pour la Defense des Droits de l’Homme, Comisión Colombiana de Juristas, Associazione Comunitá Papa Giovanni XXIII, Action Canada for Population and Development, Verein Sudwind Entwicklungspolitik, Alsalam Foundation, Alliance Defending Freedom, and Lutheran World Federation.

Speaking in right of reply were Cyprus, Armenia, China, Turkey, Azerbaijan and Greece.

The Council is holding today its annual day of discussion on the rights of the child, dedicated this year to the protection of the rights of the child in the implementation of the 2030 Agenda for Sustainable Development. In the morning session, the Council held a panel discussion on a child rights-based approach to implementation, follow-up and review of the 2030 Agenda for Sustainable Development; the afternoon panel discussion will explore challenges and opportunities to reinforce children’s rights through the implementation, follow-up and review of the 2030 Agenda.

Clustered Interactive Dialogue with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and the Special Rapporteur in the field of cultural rights

Iran asked how cultural rights and cultural diversity could be integrated into the right to development in all countries in order to achieve the 2030 Agenda for Sustainable Development. States’ counter-terrorism actions and policies must be planned and carried out in full compliance with international law, and terrorism must be tackled through cooperation and collective action. A comprehensive approach to fighting terrorism was needed, including addressing its root causes, said Malaysia and warned that the association of terrorism with one religion was counterproductive. The challenges and threats of extremism and fundamentalism to cultural rights deserved more attention by the Council. What were the most essential elements for the guiding principles proposed by the Special Rapporteur in her report? Pakistan said it had taken a conscious decision to fight the scourge of terrorism and extremism, particularly after the killing of 154 schoolchildren in 2014 in Peshawar, and had adopted a comprehensive strategy involving forceful law enforcement actions and targeted military operations. South Africa said that counter-terrorism actions must be based on international human rights law or risk losing the fight by default to the perpetrators. Was it useful for international human rights standards to use numerous concepts seemingly associated with terrorism such as violent extremism, so-called radical Islamic terrorism, recruitment to radicalisation, and foreign terrorism fighters? Georgia condemned all atrocities committed by terrorists and said that only by solidifying collective action would there be a chance to reduce the threat of terrorism to a minimum. Maldives recognized that counter-terrorism operations could have an impact on human rights and fundamental freedoms and stressed the obligation of States to comply with their human rights obligations, rule of law and international best practices in their counter-terrorism actions.

Afghanistan welcomed both Special Rapporteurs and noted that Afghanistan was a front-line State in the fight against terrorism, which was not just for national but also for global security. Recent attacks in Afghanistan and elsewhere were proof that there could be no distinction between good and bad terrorists. Botswana said international terrorism had come to represent the most major threat to international peace and security. States had had to adopt measures to combat this threat and Botswana had concentrated on strengthening legislative reforms among other measures, but challenges still remained. Saudi Arabia said the concept of extremism referred to in the report on cultural rights was not an exclusive right to one region but was a broad threat to all internationally. Regarding the report on counterterrorism, Saudi Arabia had taken a number of security and ideological measures. Estonia said terrorism had serious human rights implications, and noted that the international community needed to respect human rights and the rule of law while countering terrorism. Regarding the report on cultural rights, a transnational approach was needed, based on human rights principles. Turkey said the findings and recommendations of the Special Rapporteur on cultural rights needed to be evaluated, and should not be made an issue of political polemics. Armenia said the gravity and scale of threat of terrorism needed to be met with a mainstream human rights protection mechanism. The report of the expert on cultural rights was also welcomed. Armenia noted with concern the reference in her report to an Armenian monastery which had been left to deteriorate.

Iraq said it had passed a resolution in its Parliament calling for the designation of crimes committed by Da’esh against the Yazidis as genocide. Da’esh and Al-Nussra had committed crimes against Iraqi’s cultural heritage. Cyprus reiterated its strong commitment to the protection of cultural rights, as evidenced by its actions not only in the Human Rights Council, but in New York and in Strasbourg as well. Sudan reiterated its commitment to protect children from the impacts of climate change and armed conflict and stressed the responsibility of States to protect children. Ukraine fully supported the idea of reforming the United Nations counter-terrorism infrastructure as suggested by Special Rapporteur Emmerson and stressed the need of a solid foundation on international law for all counter-terrorism actions. Terrorism was a menace to global security and human rights and that was why the international community must work together in order to counter this phenomenon, said Tunisia, noting that it had adopted preventive and other measures to counter terrorism while ensuring the respect of human rights. On cultural rights, Tunisia asked whether there was a contradiction between respecting cultural diversity as well as the universality of human rights. Bolivia was consolidating the system which allowed the coexistence of plurinationality in one country.

Albania said it was paramount to prioritize prevention, and while the security approach was important while countering terrorism, there were increasing worries about violations of the rights to privacy. Kenya said international terrorism was one of the greatest threats of modern times, which was the reason for Kenya’s participation in the African Union Mission in Somalia. United Nations Educational, Scientific and Cultural Organization welcomed the report of the expert in the field of cultural rights, sharing her view that it was deplorable that culture had become a key target for enemies of human rights, adding that the deliberate destruction of heritage and attacks on culture were war crimes. Azerbaijan condemned terrorism and violent extremism and supported all endeavours of protecting human rights and fundamental freedoms. Regarding cultural rights, assuring the protection of cultural rights had always been among Azerbaijan’s priorities. Mali condemned terrorism in all its forms, having been confronted with terrorism since 2012. Terrorism remained one of the greatest threats to international peace and security, and therefore Mali welcomed the proposal for reform of the United Nations anti-terrorism machinery. Norway thanked the Independent Expert in the field of cultural rights, and suggested that violations of cultural rights and artistic freedom should be included in Universal Periodic Review reports, also asking the expert to elaborate on how the struggle for cultural rights was a particular challenge for female artists.

Australia urged all States to combat illicit trafficking of cultural heritage which was a part of the fight against terrorism; the Middle East was the cradle of humanity and it was a collective duty to protect the deliberate destruction of cultural heritage there. How could the international community more effectively partner with the United Nations agencies and private sector to galvanize action in this regard? Serbia appreciated recommendations by the Special Rapporteur on cultural rights on ways to respond to and diminish the negative impact of fundamentalism and extremism and related intolerance by promoting respect for cultural rights. Nigeria condemned all forms of terrorism which impacted negatively on the ability of States to protect citizens and ensure the enjoyment of their human rights and said that the insurgency of the terrorist group Boko Haram had forced hundreds of thousands to flee their homes. Nigeria had adopted a plan, not unlike the Marshal Plan, for the development of areas affected by the insurgency. Syria said that parts of Mr. Emmerson’s report undermined State sovereignty and wondered what transparency meant in the context of coalition forces fighting against Syria, and in the context of actions of Al-Nussra and other terrorist groups. Morocco underscored the complexity of the fight against terrorism and asked about progress on the creation of the post of Under-Secretary-General for counter-terrorism and the promotion of human rights. American Civil Liberties Union criticized the consequences of the President of the United States’ recent ban on the travel of Muslims and refugees to the United States, which had left many foreign nationals with valid visas deported or denied admission to the country. The ban was dressing up attacks on Muslims, immigrants and other vulnerable communities as national security measures. Charitable Institute for Protecting Social Victims, in a joint statement, noted that some societies suffered higher levels of terrorist violence than others. Security-related measures taken by States had resulted in violations of the right to freedom of opinion and expression and had affected the work of media professionals, human rights defenders, political groups and civil society. Helsinki Foundation for Human Rights drew attention to China’s law on counter-terrorism which had come into effect in January 2016. Due to vague wording, the law assigned authorities broad powers without due independent judicial oversight, and as such, it represented a serious threat to human rights. China Association for the Preservation and Development of Tibetian Culture noted that the customs and habits of the Tibetan people were fully respected, as well as their culture and the learning of the Tibetan language. Furthermore, Tibetan cultural heritage had been rescued and compiled. Iraqi Development Organization, in a joint statement, noted that in the Gulf region Governments often perpetuated violations of cultural and other rights under the pretext of combatting extremism, citing cases in Bahrain. Freemuse – The World Forum on Music and Censorship, in a joint statement with Center for Inquiry, stated that it had documented a record number of attacks on art and artists in 78 countries. States should ensure that non-State actors attacking the living arts were persecuted and convicted, and they should not abuse terror legislation to target artistic freedom of expression. Allied Rainbow Communities International, in a joint statement with ILGA, was concerned to see the escalation of State-sponsored Islamophobia and xenophobia since the publication of the Special Rapporteur’s report and categorically rejected the appropriation of lesbian, gay, bisexual, transgender and intersex persons’ rights as a justification for Islamophobia. Association for Women’s Rights in Development, speaking in a joint statement, with International Humanist and Ethical Union, and Center for Inquiry, said that fundamentalism wished to undermine the universality of human rights and some States were using culture to justify discrimination against women and girls, and minorities. European Union of Public Relations stressed that culture helped the growth and development of nations, and called attention to the repression of cultural rights and identities in Pakistan, Syria, and other culturally diverse countries. International Service for Human Rights shared deep concern about the normalization of fundamentalist and extremist ideologies and rhetoric, and the resulting clash between those who upheld the principle of universality and non-discrimination and those who did not. In too many instances, civil society groups that opposed fundamentalist and extremist ideologies were branded as threats to State security and as “terrorists”. Action Canada for Population and Development said that fundamentalism and extremism promoted sectarianism and discriminatory attitudes towards those with differing views and demanded the restriction of women’s rights, in particular their sexual and reproductive rights. African Regional Agricultural Credit Association said that in some countries such as Pakistan, Syria, Iran, Iraq and others, cultural rights were being violated, for example Kurds in Syria were brutally tortured, while the Constitution of Pakistan was the greatest violator of the cultural rights of Hindus and Christians.

Prahar drew attention to the grave human rights violations and extrajudicial executions in Manipur and northeast India. Prahar called on the Government of India to establish an independent commission to conduct an investigation into the acts of the Indian Army and paramilitary forces which had committed crimes against civilians in the mentioned regions of India. Espace Afrique International said that extremism and fundamentalism represented a serious threat to cultural rights, and urged States to ratify the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol. There was a need to work closely with youth to eliminate extremism.

Concluding Remarks

AHMED SHAHEED, Special Rapporteur on freedom of religion or belief, speaking on behalf of KARIMA BENNOUNE, Special Rapporteur in the field of cultural rights, said she shared the view expressed by many of the problem of fundamentalism and the growing understanding of the need for a global response. She underlined the recommendation made to organise a meeting on the impact of extremism and fundamentalism on cultural rights. She thanked various countries for their praise of the report and non-governmental organizations for their supportive statements, and said she remained inspired by the call for cultural enlightenment. To protect cultural rights against the phenomena, words were only meaningful when followed up with action. There was no time to lose to protect cultural rights against the global avalanche of hate.

Clustered Interactive Dialogue with the Special Rapporteur on the rights of persons with disabilities and the Independent Expert on the enjoyment of human rights by persons with albinism

CATALINA DEVANDAS AGUILAR, Special Rapporteur on the rights of persons with disabilities, wished to make a formal complaint regarding the absence of captioning and sign-language interpretation, noting that persons with disabilities could not benefit from the dialogue due to the lack of accessibility. She called on the Human Rights Council and Member States to consider that situation seriously for future reference.

Albania said it paid attention to actions aimed at removing all barriers, including legal, social and environmental obstacles which impeded persons with disabilities from fully enjoying their human rights. It condemned in the strongest terms all forms of persecution against persons with albinism. Swaziland agreed with the recommendation to regulate the practice of traditional medicines and to establish adequate standards for traditional medicine, especially in countries with large indigenous populations in the context of discrimination against persons with albinism. Paraguay called on States to ensure the rights of persons with disabilities, to give visibility to the drafting of relevant policies, and to include persons with disabilities in policy deliberations. Azerbaijan underscored its commitment to the protection of the rights of persons with disabilities through ensuring access to social structures for those persons. It had defined national disability priorities in line with the Sustainable Development Goals. Poland noted that ensuring that persons with disabilities had access to their rights was not only a human right, but also an essential condition to ensure that no one was left behind in the implementation of the 2030 Agenda for Sustainable Development. Germany stated that its central disability policy project was updating the Equal Opportunities for People with Disabilities Act. It asked to hear about strategies and best practices in combatting stigma and stereotypes against persons with disabilities.

Nigeria said with respect to the report of the Special Rapporteur on the rights of persons with disabilities that it was regrettable that the needs of the approximately one billion people with disabilities were not being met and in many countries were not included in national legislation. Haiti said that people with disabilities had rights and were an integral part of society. If the international community continued to apply discriminatory measures against them, it would see the emergence of pockets of implosion in many parts of the world. Bangladesh said that persons with disabilities required special attention when their vulnerability was compounded with poverty. Hence, there was no scope whatsoever to leave them behind and, in that regard, the 2030 Sustainable Development Agenda presented a unique opportunity to reduce inequalities. Japan said it was actively working to introduce support arrangements and services for people with disabilities as part of its implementation of the 2030 Sustainable Development Agenda. Moreover, the Paralympics would be held in Tokyo in 2020. Lithuania said it attached particular importance to enabling the full inclusion of persons with disabilities in political life. For example, Justas Džiugelis, a partially disabled person suffering from muscle atrophy, was elected to Parliament last year. Burundi said it had a legal framework that guaranteed for all citizens the full enjoyment of their rights. To ensure inclusive education, schools for children with disabilities had been opened across the country, but they faced challenges due to funding constraints.

Pakistan reminded that States had an obligation to ensure access to a wide range of services to persons with disabilities, especially to ensure that children with disabilities achieved their full potential. Even though developing countries faced great barriers in achieving those goals, their situation should not serve as an impediment. Somalia noted that the worst expression of discrimination against persons with albinism was their dehumanization which laid the foundation for horrifying attacks against them. Education and greater awareness rising was the best way to fight against the stigma against persons with albinism.

Amnesty International explained that the poverty faced by communities and the belief that the body parts of persons with albinism could be sold for large sums of money to practitioners of traditional medicines contributed to the targeting of that population. It had documented the killing of 20 and the abduction of five individuals with albinism in Malawi. Liberation raised concern over the persecution of villagers with psycho-social disabilities in Manipur and northeast India by the Indian army. It urged the Human Rights Council to communicate with the Indian Government to address that problem. International Bar Association, in a joint statement, called for the increased protection of persons with albinism. Policies and practices were not implemented which further violated their rights. It was the primary responsibility of the State to protect, promote and fulfil the rights of all persons without discrimination. Espace Afrique International noted that the theoretical effort to understand witchcraft and its root causes was an important step towards the better definition and elaboration of strategies to protect the rights of persons with albinism.

United Schools International said that persons with disabilities faced discrimination and barriers that restricted them from participating in society on an equal basis. Persons with disabilities in Pakistan faced a major problem in that the social surroundings and the country’s culture were unfriendly and cruel. International Association for Democracy in Africa said the social protection of persons with disabilities helped governments ensure that everyone could live well. Basic human rights should be available to all, but were sadly being denied in places like Syria and Baluchistan. Rencontre Africaine pour la defense des droits de l’homme said it shared the view that a guidance document was needed to protect albinos who were more and more exposed to ritual crimes. He called for a global campaign to promote awareness of these inhuman practices that were destructive to modern societies. Colombian Commission of Jurists said a law had been passed in Colombia in 2013 that promoted the inclusion of persons with disabilities, however work was still needed in the area of their sexual and reproductive rights. Associazione Communita Papa Giovanni XXIII said that children with disabilities in Zambia did not have equal access to education. Developing countries like Zambia needed international cooperation and solidarity in order to achieve Sustainable Development Goal 4 and its related targets.

Action Canada for Population and Development called on the Human Rights Council, the United Nations and Member States to shift focus to the empowerment, sexual well-being, and self-determination of women and girls with disabilities, and away from protective measures. Verein Sudwind Entwicklungspolitik said the amputation of body parts or blinding as a punishment sentenced by parties to the Convention on the Rights of Persons with Disabilities was unacceptable, an example of which was carried out in the presence of the head of Tehran’s criminal court last November. Alsalam Foundation said prisoners with disabilities were exposed to discrimination and abuse, and gave examples of prisoners who had suffered that treatment in Bahrain and Saudi Arabia. Alliance Defending Freedom said promoting the family as the basic unit of society needed to be a priority, and some Member States were acting in violation of the right to life with laws on euthanasia. Lutheran World Federation asked the Independent Expert on albinism what in her opinion were the religious elements of witchcraft which contributed to attacks on persons with albinism, and which roles she thought religious leaders and faith-based organizations could play to address that problem.

Right of Reply

Cyprus, speaking in a right of reply in response to Turkey’s allegations in reference to cultural rights, said Orthodox churches were being inappropriately used and collective access to churches was restricted by the Turkish Cypriot authorities. Any perceived isolation of Turkish Cypriots was a direct consequence of the flagrant breach of international law and the continued illegal occupation of the island. As for the issue of Turkish language schools, the Government of Cyprus had established a Turkish language school in Limassol, but families had not enrolled their children. Cyprus urged the Turkish Government to start implementing relevant United Nations resolutions.

Armenia, speaking in a right of reply in response to the statement of Azerbaijan regarding cultural rights, said Azerbaijan had continued its groundless allegations in order to conceal its own atrocities against Armenian cultural rights and heritage. Thousands of sacred Armenian sites had been completely destroyed by Azerbaijan. It had become a constant practice of Azerbaijan to misconstrue United Nations reports and represent itself as a country of great religious tolerance.

China, speaking in a right of reply in response to the statement made by Helsinki Foundation of Human Rights, explained that the fight against of terrorism was a priority for all countries and the law that China had adopted and the measures taken were clearly a necessity. Tibet had seen remarkable progress in economic and social terms. The issue of Tibet was an internal Chinese affair. All ethnic groups had seen their rights fully respected. Terrorist and violent acts destabilizing China would not be tolerated. China called on the Helsinki Foundation of Human Rights to avoid double standards and assess the situation in China in an objective way.

Turkey, speaking in a right of reply, said it was unfortunate that Turkish-Cypriots were not present to defend themselves before the Council. The speaker rejected the allegations made against Turkey in total. The Cyprus question was perpetrated by the Greek-Cypriot side. The Greek-Cypriots refused to recognise the rights of Turkish-Cypriots.

Azerbaijan, speaking in a right of reply, said it was ironic that Armenia afforded itself the moral luxury of condemning Azerbaijan. Armenia had wiped out cultural relics of the ethnic Azerbaijani population while his country had preserved Armenian culture in Azerbaijan. Armenia had been pursuing a campaign of ruining Azerbaijani cultural monuments. His Government had brought this to the attention of UNESCO.

Greece, speaking in a right of reply concerning the allegations by Turkey, said it should be stressed that they were not in accordance with history and everyone knew who the victim was. Cyprus was a full member of the European Union and Turkish Cypriots in possession of passports of Cyprus enjoyed all the rights of European Union citizens.

Cyprus, speaking in a second right of reply, strongly advised the Turkish colleague to focus on restoring the human rights violations in the occupied part of Cyprus and to grant the Office of the High Commissioner for Human Rights access to the eastern part of Turkey, and further to take action against the illegal trafficking of cultural heritage which resulted in the funding of terrorists.

Armenia, speaking in a second right of reply, said Azerbaijani officials were presenting reality upside-down. Armenia and Nagorno-Karabakh had taken sites under protection, and the Azerbaijani propaganda machine was blocking the flow of information to sustain the image of dehumanization of the Armenian people.

Turkey, speaking in a second right of reply, said accounts of past and present events could not change documented realities. The grave human rights violations suffered by Turkish Cypriots were well-recorded in relevant reports. Turkey’s intervention was fully legal, and Greek Cypriots could not escape their responsibility in the creation of the problem.

Azerbaijan, speaking in a second right of reply, said that a city had been ruined by the Armenian military, which had been turned into the “Hiroshima of the Caucasus”. There was also an export of historical items. Regarding Armenia’s human rights claims, it was not for Armenia to talk about human rights issues in Azerbaijan.



For use of the information media; not an official record

HRC17/019E